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November 24, 2021 | The Legal Intelligencer

Don't Wait Up for the Biden Antitrust Revolution

We focus here on the order's recommendations to the Antitrust Division of the Department of Justice and the Federal Trade Commission in particular because the FTC has had a Biden-selected chair for a considerable time. The new head of the Antitrust Division, Jonathan Kanter, just arrived this November.
10 minute read
October 08, 2021 | The Legal Intelligencer

Hold-Up and Injunctions in the Standard Setting Context: The Pendulum Swings Back

Historically, new presidents often appoint officials that make modest policy changes to antitrust enforcement. President Joe Biden's July 9 executive order on promoting competition in the American economy suggested that the changes coming to antitrust enforcement are far more than modest.
10 minute read
Stromberg v. Qualcomm Incorporated
Publication Date: 2021-10-07
Practice Area: Class Actions
Industry: Technology Media and Telecom
Court: U.S. Court of Appeals for the Ninth Circuit
Judge: Judge R. Nelson
Attorneys:
For plaintiff:
For defendant:
Case number: 19-15159

Differences in state antitrust laws preclude uniform application of California's Cartwright Act to antitrust actions filed by consumers nationwide

HTC v. Telefonaktiebolaget
Publication Date: 2021-09-20
Practice Area: Civil Appeals | Contractual Disputes | Intellectual Property
Industry:
Court: U.S. Court of Appeals for the Fifth Circuit
Judge: Circuit Judge Elrod
Attorneys:
For plaintiff:
For defendant:
Case number: 19-40566

After negotiations for a patent licensing agreement soured, appellant, HTC Corp., sued Ericcson alleging it breached their contractual obligations to offer a license on fair, reasonable, and non-discriminatory (FRAND) terms.

Sandoval v. Qualcomm Incorporated
Publication Date: 2021-09-13
Practice Area: Personal Injury
Industry: Energy
Court: Supreme Court, 4th District
Judge: Justice Cuéllar
Attorneys:
For plaintiff:
For defendant:
Case number: S252796

Hirer's alleged "negligent exercise" of retained control insufficient to support finding of liability under retained control exception to Privette

May 13, 2021 | The Legal Intelligencer

Diversity-Related Shareholder Suits: What They Mean for ESG

Last summer, following a wave of protests and advocacy for social justice, hundreds of corporations released statements expressing their unwavering commitment to diversity, equity and inclusion.
7 minute read
April 21, 2021 | Law.com

What's Next: Why It Might Not Matter if These Shareholder Derivative Suits Fail + What's Driving the Growing Psychedelic Industry? + 500 Days of Waiting for State Court Trials

Could the shareholder derivative suits over Big Tech diversity spin off into other areas?
9 minute read
April 02, 2021 | Insurance Coverage Law Center

Mills, Ltd. Partnership v. Liberty Mutual Insurance Co.

Two recent decisions by Delaware courts demonstrate that they are increasing leaning toward the insured's position in disputes over directors and officers (D&O) insurance coverage. As a result, New York companies incorporated in Delaware should consider where to file lawsuits concerning D&O insurance disputes—in Delaware or New York.
25 minute read
March 24, 2021 | Law.com

What's Next: NFTs Pose a Billion-Dollar Legal Question + The Fate of Diversity Shareholder Suits Against Big Tech + Facebook's Leaked Documents Resurface in Cambridge Analytica Litigation

Non-fungible tokens might change the art world as we know it, but are NFT platforms ready to take on the legal risks?
9 minute read
Revis v. Schwartz
Publication Date: 2021-01-12
Practice Area: Contractual Disputes | Dispute Resolution
Industry: Entertainment and Leisure
Court: Appellate Division, Second Department
Judge: Justice Robert Miller
Attorneys:
For plaintiff: For Appellants: Kristen M. Santillo and Williams & Connolly, LLP, Mark S. Levinstein, pro hac vice, James Norman Bierman, pro hac vice, and Charles Robert Jones, pro hac vice, of counsel, Krovatin Klingeman, LLC, New York, NY.
For defendant: For Respondents: Mario Aieta of counsel, Satterlee Stephens LLP, New York, NY.
Case number: 2017-07940

By Invoking NFLPA Regulations Parties Agreed to Arbitrate Issues of Arbitrability

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